Winfield v. Ludwig

The opinion of the court was delivered by

Minturn, J.

The defendant justifies an assault and battery upon the plaintiff by alleging that he was a justice of the peace and that he apprehended the plaintiff as a disorderly person. The apprehension took place in this wise, as found by the trial court:

The plaintiff undertook to deliver some trees to the defendant at his home; a discussion took place between them, as a result of which the defendant seized the plaintiff, and calling upon' a bystander to assist him, displayed his shield and took the plaintiff as a prisoner into defendant’s home,…